Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59 of 2026 Arising Out of PS. Case No.-258 Year-2025 Thana- RAJEPUR District- East Champaran ====================================================== 1.

Rajesh Kumar, aged about 22 years (Male), S/O Sakaldev Bhagat, 2.

Abhishek Kumar, aged about 25 years (Male), S/O Umesh Prasad, Both resident of Village- Kanakati, P.S.- Mehsi, Distt- East Champaran. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satyendra Narayan Singh, Advocate For the Opposite Party/s :

Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 15-01-2026 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners seek bail in connection with Rajepur PS Case No.258 of 2025 dated 29.08.2025, instituted for the offence punishable under Sections 310(4), 310(5) of the Bharatiya Nyaya Sanhita, 2023, and Sections 25(1-B)a, 26, 35 of the Arms Act.

3. The allegation against the petitioners is that one mobile having SIM No.7904772539 was recovered from the possession of the petitioner no.1 while one countrymade pistol without magazine and one mobile having SIM No.7050084022 was recovered from the possession of the petitioner no.2.

4. Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.59 of 2026(2) dt.15-01-2026 2/2 petitioners are innocent and they have been falsely implicated. Nothing incriminating has been recovered from their conscious possession. Further submission is that there is no signature of the petitioners on the seizure list which creates doubt about the veracity of the seizure list. It is also submitted that similarly situated co-accused Raja Kumar has been granted bail by a coordinate Bench of this Court vide order dated 08.01.2026 passed in Cr. Misc. No.88946 of 2025.Lastly, it is submitted that the petitioners are in custody since 29.08.2025 having no criminal antecedents.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the CJM, Motihari, in Rajepur PS Case No.258 of 2025.

7. The application stands allowed.

(Khatim Reza, J) J. Alam/- U T